August 10, 2015

Exemption No. 12386

Regulatory Docket No. FAA–2015–1811

Mr. Ryan Summerfield

Cinematographer

210 Little Kinston Road

Surf City, NC 28445

Dear Mr. Summerfield:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 12, 2015, you petitioned the Federal Aviation Administration (FAA) for 

an exemption. You requested to operate an unmanned aircraft system (UAS) to conduct

coastal tourism awareness, business relocation development, and real estate cinematography

and photography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 
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aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1

. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Ryan Summerfield is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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Conditions and Limitations

In this grant of exemption, Mr. Ryan Summerfield is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 
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Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 
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operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 
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(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.
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29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
May 12, 2015

U. S. Department of Transportation

Attn: Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation

Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b);

91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a);

91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

This petition is to inform that individual Ryan Summerfield, seeks exemption pursuant to 

the FAA Modernization and Reform Act of 2012 and the procedures contained within 14

C.F.R. 11, from the Federal Aviation Regulations (“FARs”) listed below so that

Ryan Summerfield, may operate a small ultra-light weight unmanned aircraft system

(“UAS”) commercially in airspace regulated by the Federal Aviation Administration

(“FAA”).

This petition is, in most regards, similar to granted exemption No. 11138 both in

operational approach (closer than 250’) and equipment being utilized (DJI Phantom 2).

As described herein Ryan Summerfield, professional cinematographer and 

photographer with over ten years of hands-on experience in the film and production 

industry formally requests an exemption. In the early stages of building UAS systems for 

testing and research purposes, Ryan Summerfield has since demonstrated the ethical 

and economical use of UAS systems for the use of: Geographical Studies, Coastal

Mapping, and Real Estate Commerce. This is only available following an exemption and 

approval by the FAA.

Ryan Summerfield’s exemption request would permit operation of an ultra-light weight,

unmanned (piloted by remote control) and comparatively inexpensive UAS in tightly

controlled and limited airspace. Predetermined in areas away from general public,

airports, heliports and vehicular traffic for community videos, and within property

boundaries for individual land-owners on which the concurrent film and photo would 

take place. Ryan Summerfield has instilled safety protocols and controls to avoid and 

prevent public hazard, as well as manned aircraft hazards/catastrophe. This will act to 

further safety protocols exclusive to lightweight UAS's specific to commercial video and 

photography usage as Ryan Summerfield records flight data and other information 
gained through permitted flight operations to share with the FAA through any required 

FAA reports to assist with future protocol and safety regulation.

Granting Ryan Summerfield’s request comports with the Secretary of Transportation’s 

(FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the 

national airspace system, but to “...establish requirements for the safe operation of such 

aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the 

Reform Act specific to the use of UAS's for research in commercial, and photography 

uses. Further, Ryan Summerfield will conduct his operations in compliance with the 

protocols described herein or as otherwise established by the FAA. For the reasons 

stated below Ryan Summerfield respectfully requests the grant of an exemption 

allowing operation of ultra-light weight, remote controlled UAS’s for community 

awareness to benefit/stimulate attraction to the Coastal North Carolina region, and to 

enhance tourism projects, research and development, and to establish a safety protocol 

for users alike. Both of which will promote local economic growth through increased 

employment and increased tourism interest. With public safety at the top of the list, 

Ryan Summerfield aims to use this exemption as a standard for safe protocol and 

reliable UAS systems management. 

I. Contact Information:

Ryan Summerfield

Cinematographer

210 Little Kinston Road

Surf City, NC 28445

Mobile: (910)803-4214

Email: ripod704@aol.com

II. The Specific sections of Title 14 of the Code of Federal Regulations from

which Ryan Summerfield requests exemption:

14 CFR 21;

14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b);

14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and,

14 CFR 417 (a) & (b).

III. The extent of relief Ryan Summerfield seeks and the reason they seek such

relief:

Ryan Summerfield submits this application in accordance with the Reform Act, 112 P.L.

95 §§ 331-334, seeking relief from any currently applicable FARs operating to prevent

Commercial, Tourism, Mapping, and other flight operations within the national airspace 

system. The Reform Act in Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the public’s interest to do 

so. Ryan Summerfield’s, ultra-light weight UAS meets the definition of “small unmanned 

aircraft” as defined in Section 331 and therefore the integration of the ultra-light weight 
UAS is expressly contemplated by the Reform Act. Ryan Summerfield would like to 

operate his ultra-light weight UAS prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such craft. The Reform Act guides the 

Secretary in determining the types of UAS's that may operate safely in our national 

airspace system. Considerations include: The weight, size, speed and overall 

capabilities of the UAS's; whether the UAS will be operated near airports or heavily 

populated areas; and, whether the UAS will be operated by line of sight. 112 P.L. 95 § 

333 (a). Each of these items are in favor of an exemption for Ryan Summerfield. His

UAS utilizes four (4) counter-rotating propellers for balance, control and stability. His 

UAS is equipped with GPS and auto return safety technology, and weighs less than ten 

(10) pounds (far below the maximum 55 pound limit); including camera and full payload. 

Ryan Summerfield considers safety as a foremost component for each flight. A checklist 

of all solder points, screws, and connectors is provided before each flight. Orange 

cones are used to designate a controlled lift-off, and landing area. His small unmanned 

aircraft is designed to hover in place via GPS and operate in less than a fifteen (15 

mph) wind. For safety, stability and overall preservation of safety, he will not operate in 

winds exceeding ten (10 mph). Built in safety systems include a GPS mode that allows 

the UAS to hover in place when radio controls are released, as well as a radio switch to 

disengage GPS and manually control the UAS when needed. In the event that pilot 

radio communication is lost the UAS is designed to slowly descend to the point of 

takeoff, as well as incorporating a designated “Fail-safe” toggle switch to initiate the 

UAS to slowly land at the home point of takeoff. Ryan Summerfield will not operate his

UAS near Airports, Hospitals nor Police Heliports, and will not operate near areas where 

general public is within fifty to one hundred (50-100) yards depending on location, 

conditions and most of all, permission. Specializing in low-altitude imagery, Ryan 

Summerfield will not exceed altitudes of (250) feet AGL on any given project. Ryan 

Summerfield will be prepared to land/abort immediately to the nearest and safest 

ground station should a manned aircraft approach his location or should he suspect 

manned aircraft may approach near the flying location. Ryan Summerfield will utilize an 

operator and visual spotter with an appropriate certification who has the ability to 

monitor air and ground communications on all flights. Two-way radio is used for 

immediate communication, if needed, however the operator and spotter remain together 

in close proximity at all times. The UAS is capable of vertical and horizontal operations, 

and will only be flown within line of sight of the operator. Utilizing battery power rather 

than combustible fuels, flights generally last between ten (10) to twelve (12) minutes, 

with an altitude under (250) feet AGL programmed in the UAS firmware settings. Ryan 

Summerfield will utilize a properly stored and fully charged battery with each flight as a 

safety precaution; full flight time limit for each battery is twenty-five (25) minutes. 

However, Ryan Summerfield limits each flight to twelve (12) minutes maximum, leaving 

a safety threshold of approximately fifty percent (50%) remaining battery power upon 

grounding the UAS. Ryan Summerfield will not operate the UAS at or below 

manufacturers recommend minimum charge levels for operation; preferring to remain 

well within a safe operating range to insure adequate communication between radio 

control and UAS to eliminate potential for hazard. Reserve batteries will be at hand with 

each exercise to insure replacement for sufficient safe level of operation. Ryan 

Summerfield will exercise extreme caution when operating his UAS/ultra-light weight 
unmanned aircraft and will not “create a hazard to users of the national airspace system 

or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of their UAS it falls 

well within Congress’s contemplated safety zone when it promulgated the Reform Act 

and the corresponding directive to integrate UAS's into the national airspace system. 

Ryan Summerfield’s UAS, used in hobby flight, has a demonstrable safety record and 

does not pose any threat to the general public or national security.

IV. How Ryan Summerfield’s request will benefit the public as a whole:

Aerial videography for geographical awareness as well as tourism and real-estate 

cinema has been utilized for years through the use of manned, fixed wing aircraft and 

helicopters. Congress has proclaimed that it is in the public’s interest to integrate 

commercially flown UAS's into the national airspace system, hence the passing of the

Reform Act. Granting Ryan Summerfield’s exemption request furthers the public interest 

through visual awareness of the geographical benefits in the coastal North Carolina 

region. His ultra- light weight UAS is battery powered and creates no environment 

impacting emissions or fumes. The consequence of the ultra- light weight UAS 

malfunctioning is far less than a full size helicopter or fixed wing aircraft; which both

contain combustible fuel and can cause catastrophic devastation in the unfortunate 

event of malfunction. The public’s interest is furthered by minimizing ecological and 

crash threat by permitting aerial video/photo capture through the battery operated ultralight weight UAS. Permitting Ryan Summerfield to immediately fly within controlled and

low-altitude air space furthers economic growth and development catering to the UAS 

sector of coastal North Carolina. Granting his exemption request substantially furthers 

the economic impact for the Surf City, NC community for companies looking to relocate 

or build in the area as well as individuals and companies seeking geographical 

information such as: coastal surveying, shoreline erosion mapping, and property 

development. 

V. Reasons why Ryan Summerfield’s exemption will not adversely affect safety or

how the exemption will provide a level of safety at least equal to existing rule:

Ryan Summerfield’s exemption will not adversely affect safety. The following represents 

enhancements to current aerial videography and photography protocol. 

The UAS weighs less than 10 pounds complete with payload. This is a DJI Phantom 2 

UAS with GoPro Hero 4 Camera. 

• The operator will only operate the UAS below 250 feet (within the 400 foot

permissible ceiling set by the FAA Modernization and Reform Act of 2012);

• The operator only operates the UAS for 10-15 minutes per flight;

• The operator will land the UAS prior to manufacturer recommended minimum level of 

battery power;

• The operator will command the UAS through 2.4ghz remote only by line of sight;

• Ryan Summerfield will utilize and adhere guidance from a pilot with experience in 

manned and radio controlled aircraft operation;

• The UAS has GPS, a flight safety feature whereby it hovers and then slowly descends 

to the landing point if communication with the remote control pilot is lost;

• The operator will actively analyze flight data and other sources of information

to constantly update and enhance safety protocols;
• The operator will only operate in reasonably safe environments, away from power

lines, elevated lights, airports and actively populated areas;

• The operator will conduct extensive pre-flight inspections and protocol, during

which safety carries primary importance;

• The operator will obtain all necessary permissions prior to operation; and,

• He will have procedures in place to abort flights in the event of safety

breaches or potential danger. Ryan Summerfield’s safety protocols provide a level of 

safety equal to or exceeding existing rules. The potential loss of life is diminished 

because the UAS carries no passengers, and only operates in specific areas away from 

mass populations. There is No fuel on board a UAS and thus the potential for fire or 

explosions is greatly diminished. The small size and extreme maneuverability of the 

UAS allows for it to be remotely piloted away from and avoid hazards quickly and safely.

VI. A summary the FAA may publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and the Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for

procurement of necessary airworthiness certificates in relation to FAR §

91.203(a)(1). The size and weight of Ryan Summerfield’s UAS permits exemption

from Part 21 because the UAS meets (and exceeds) an equivalent level of safety

pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft

from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f))

and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt

UAS's from the airworthiness certificate requirement in consideration of the weight, size,

speed, maneuverability and proximity to areas such as airports and dense populations.

Ryan Summerfield’s, UAS meets or exceeds each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable.

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no

on board pilots or passengers, and given the size of the UAS's, this Regulation is

inapplicable. An equivalent level of safety will be achieved by maintaining a

safety/flight manual delineating areas of where safety can be defined.3 The FAA

has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737,

8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable as the UAS

utilizes electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications

and registrations. They are inapplicable for the same reasons described above. The

equivalent level of safety will be achieved by maintaining any such required 

certifications and registrations by the FAA for Ryan Summerfield.

B. 14 C.F.R. § 45.23: Marking of the Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to

certain specifications. UAS are, by definition, unmanned. They therefore do not

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further,
two-inch lettering is difficult to place on such small aircraft with dimensions smaller that

minimal lettering requirement. Regardless, Ryan Summerfield will mark his UAS in

the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as

required by 14 C.F.R. §45.29 (f) so that the pilot, or anyone assisting the pilot as a

spotter with the UAV will see the markings. The FAA has previously issued exemptions

to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial

operations. Ryan Summerfield, can achieve an equivalent level of safety as achieved by 

current Regulations because the UAS does not carry any pilots or passengers.

Further, Ryan Summerfield will adhere a private pilot with experience in manned and

radio controlled aircraft. The risks attended to the operation of the UAS are far less

than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et

seq. Thus, allowing the operation of the UAS to meet and exceed current safety levels 

in relation to 14 C.F.R. §61.113 (a) & (b).

D. 14 C.F.R. 91.119: Minimum Safe Altitudes.

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows

helicopters to be operated at lower altitudes in certain conditions. Their UAS will

never operate at an altitude greater than 250 AGL; in accordance with the standard of

400 AGL. Ryan Summerfield will operate his UAS in safe areas away from public

and traffic, providing a level of safety at least equivalent to or below those in relation to

minimum safe altitudes. Given the size, weight, maneuverability and speed of the UAS,

an equivalent or higher level of safety will be achieved.

E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

The above-cited Regulations require, amongst other things, aircraft owners and

operators to “have [the] aircraft inspected as prescribed in subpart E of this part and

shall between required inspections, except as provided in paragraph (c) of this section,

have discrepancies repaired as prescribed in part 43 of this chapter. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not,

therefore, apply to Ryan Summerfield’s, UAS. However, as a safety precaution Ryan 

Summerfield will inspect the UAS before and after each flight. Applying proper 

techniques to review and ensure a safe and reliable flight system. 

A Summary the FAA may Publish in the Federal Register: A. 14 C.F.R. 21 and 14

C.F.R. 91: Airworthiness Certificates, Manuals and the Like. 14 C.F.R. 21, Subpart H,

entitled Airworthiness Certificates, sets forth requirements for procurement of necessary

airworthiness certificates in relation to FAR § 91.203(a)(1). The size and weight of

Ryan Summerfield’s UAS permits exemption from Part 21 because Ryan Summerfield’s

UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The 

FAA is authorized to exempt aircraft from the airworthiness certificate requirement 

under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS’s from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity 
to areas such as airports and dense populations. Ryan Summerfield’s UAS meets or 

exceeds each of these elements. 12 C.F.R. 91.7(a) prohibits the operation of an aircraft 

without the airworthiness certificate. As no such certification will be applicable in the 

form contemplated by the FARs, this regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) 

requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, 

and given the size of the UAS, this regulation is inapplicable. An equivalent level of 

safety will be achieved by maintaining a ground manual. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167. A precautionary maintenance program will be utilized that involves 

regular software updates and curative measures for any damaged hardware. Therefore, 

an equivalent level of safety will be achieved. 

In summary, Ryan Summerfield seeks an exemption from the following regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. §

91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. §

91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91,203(a) and (b); 14 

C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R § 91.409 (a)(2); 14 C.F.R. §

91.409 (a)(2); and 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate a small, 

unmanned vehicle/ultra-lightweight unmanned aircraft for coastal tourism awareness, 

business relocation development, and real estate cinema and photography to help 

attract new businesses, and economic growth in the coastal Carolina region. Currently, 

tourism and awareness projects rely primarily on the use of larger aircraft with 

combustible fuel, posing potential threat risk to the public. Granting Ryan Summerfield’s 

request for an exemption will reduce current risk levels as well as enhancing safety 

protocols for the usage of the UAS system with developing and implementing features 

to enhance the reliability and safety of each flight. Ryan Summerfield’s UAS will be 

operated at lower altitudes than the (400ft AGL) ceiling, rather, staying below the 250 

feet operating range. Ryan Summerfield’s UAS weighting less than 10 pounds and 

traveling at lower speeds within limited areas will provide an equivalent level of safety 

as that achieved under current FARs. Ryan Summerfield’s level of safety and 

awareness will prove to become a necessity as he assesses and treats every flight 

operation with care, integrity, privacy, and overall respect for FAA Modernization and 

Reform Act or 2012. Accordingly, Ryan Summerfield respectfully and formally requests 

that the FAA grant his exemption request.

Respectfully submitted,

Ryan Summerfield

Cinematographer

210 Little Kinston Rd

Surf City, NC 28445